Wells Fargo Bank, N.A., Etc v. Francine Nesbitt

The opinion of the court was delivered by: Milton I. Shadur Senior United States District Judge

MEMORANDUM ORDER

Mortgagor Francine Nesbitt ("Nesbitt"), a co-defendant in this mortgage foreclosure action, has filed her Answer on August 4. This memorandum order is issued sua sponte to address a fundamental problem posed by that responsive pleading.

In principal part Nesbitt challenges the standing of Wells Fargo Bank, N.A. ("Wells Fargo") to bring this action. According to the Answer, there is a gap in the chain of title that disentitles Wells Fargo from standing in the stead of original mortgagee Argent Mortgage Company, LLC. Under the circumstances, Wells Fargo's counsel is ordered to file a supplement to the original Complaint responding to that challenge on or before August 22, 2011.*fn1

Our website includes the main text of the court's opinion but does not include the
docket number, case citation or footnotes. Upon purchase, docket numbers and/or
citations allow you to research a case further or to use a case in a legal proceeding.
Footnotes (if any) include details of the court's decision.

Buy This Entire Record For
$7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.